Delaware Abortion Laws

Created by FindLaw's team of legal writers and editors | Last updated June 23, 2016

Abortion is regulated in every U.S. state, which often includes the licensing requirements of providers, restrictions on late-term abortion, and parental consent mandates. Delaware abortion laws are somewhat restrictive, requiring a 24 hour waiting period following written consent and full explanation of procedure and the requirement that abortion providers be licensed medical doctors.

The following chart lists the main provisions of Delaware's abortion laws, while a more detailed description follows. See FindLaw's Reproductive Rights section to learn more.

Code Section	Tit. 11 §654, Tit. 24 §1766; Tit. 24 §§1780-1795
Statutory Definition of Illegal Abortion	By drugs or act done with intent to cause termination of pregnancy
Statutory Definition of Legal Abortion	Continuation of pregnancy would result in death or injury to mother; mental and/or physical retardation of child or pregnancy result of rape or incest or unlawful sexual intercourse, but must be performed within first 20 weeks
Penalty for Unlawful Abortion	Felony; maximum fine of $5,000 and imprisonment 2 to 10 years
Consent Requirements	24 hour waiting period following written consent and full explanation of procedure; if unmarried and under 18 or mentally ill or incompetent, consent of parent
Residency Requirements for Patients	120 days before procedure unless employed in state or patient of state-licensed M.D. prior to conception or medical emergency
Physician Licensing Requirements	Licensed M.D., national accredited hospital; approval of hospital abortion review board

Who may Perform Abortions?

In Delaware, only a licensed M.D., a doctor or physician, may perform an abortion in a hospital or clinic that has a license to perform abortions. This is to ensure that the abortion is as safe as possible for the mother, and to ensure that medical facilities are immediately available if the abortion puts the mother in danger.

Consent Requirements

For mothers under the age of eighteen or who are mentally ill or incompetent, parental consent is required to have an abortion.

Illegal Abortions

Although Delaware abortion laws can be restrictive, the definition of an illegal abortion is relatively straightforward. Abortions are illegal by definition if a doctor or other person gives the mother any instrument or substance with the intent to give the mother a miscarriage.